Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S376 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1067 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 376
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia D. Jehlen
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act addressing school exclusion policies to remedy disparities in students' educational
13	13	achievement.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond Middlesex 1 of 5
17	17	SENATE DOCKET, NO. 1067 FILED ON: 1/15/2025
18	18	SENATE . . . . . . . . . . . . . . No. 376
19	19	By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 376) of Patricia D. Jehlen for
20	20	legislation to promote the education success of court involved children. Education.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 294 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act addressing school exclusion policies to remedy disparities in students' educational
29	29	achievement.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Subsection (a) of section 37H of chapter 71 of the General Laws, as
33	33	2appearing in the 2020 Official Edition, is hereby amended by striking out in lines 43 to 44,
34	34	3inclusive, the words, “including, but not limited to, a gun or a knife” and inserting in place
35	35	4thereof the following words:-
36	36	5 “a device as defined as section 10 of chapter 269 of the General Laws or a controlled
37	37	6substance as defined in chapter ninety-four C, including, but not limited to, cocaine, and heroin,
38	38	7but not including marijuana, may be subject to exclusion from the school or school district by the
39	39	8principal.” 2 of 5
40	40	9 SECTION 2. Clause (b) of the fourth paragraph of section 37H of said chapter 71, as so
41	41	10appearing, is hereby amended by striking out the word “assaults”, in line 48, and inserting in
42	42	11place thereof the following words:- willfully assaults, with intent and means to harm.
43	43	12 SECTION 3. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing,
44	44	13is hereby further amended by striking out the words “have a substantial detrimental effect on the
45	45	14general welfare of the school”, in lines 9 and 10, and inserting in place thereof the following
46	46	15words:- pose a specific, documentable concern about the infliction of serious bodily injury upon
47	47	16another person while in school.
48	48	17 SECTION 4. Said paragraph (1) of said section 37H½ of said chapter 71, as so appearing,
49	49	18is hereby further amended by striking out, in lines 10 to 12, inclusive, the sentence, “The student
50	50	19shall receive written notification of the charges and the reasons for such suspension prior to such
51	51	20suspension taking effect” and inserting in place thereof the following two sentences:-
52	52	21 The student shall receive written notification of the charges and the right to a hearing
53	53	22before the principal. If, after the hearing, the principal chooses to suspend the student, the written
54	54	23notice of the suspension shall include the reasons for such suspension, including the basis for the
55	55	24principal’s determination of the infliction of serious bodily injury upon another person while in
56	56	25school, prior to such suspension taking effect. Further, any student who is placed on diversion
57	57	26prior to arraignment is not eligible for suspension under this section.
58	58	27 SECTION 5. Paragraph (2) of said section 37H½ of said chapter 71, as so appearing, is
59	59	28hereby amended by striking out the first paragraph and inserting in place thereof the following
60	60	29three paragraphs:- 3 of 5
61	61	30 Upon a student being convicted of a or upon an adjudication or admission in court of
62	62	31guilt with respect to such a felony or felony delinquency, the principal of a school in which the
63	63	32student is enrolled may expel said student if such principal determines that the student's
64	64	33continued presence in school would pose a specific, documentable concern about the infliction of
65	65	34serious bodily injury upon another person while in school. The student shall receive written
66	66	35notification of the charges and right to a hearing before the principal. If after the hearing, the
67	67	36principal chooses to suspend or expel the student, the written notice shall include the reasons for
68	68	37such exclusion, including the basis for the principal’s specific, documentable concern about the
69	69	38infliction of serious bodily injury upon another person while in school, prior to such expulsion
70	70	39taking effect. The student shall also receive written notification of his right to appeal and the
71	71	40process for appealing such expulsion; provided, however, that the expulsion shall remain in
72	72	41effect prior to any appeal hearing conducted by the superintendent.
73	73	42 For any suspension or expulsion under this section, the principal of a school in which the
74	74	43student is enrolled shall provide, to the student and to the parent or guardian of the student,
75	75	44notice of the charges and the reason for the suspension or expulsion in English and in the
76	76	45primary language spoken in the home of the student. The student shall receive the written
77	77	46notification and shall have the opportunity to meet for a fair hearing before the principal to
78	78	47discuss the charges and reasons for the suspension or expulsion prior to the suspension or
79	79	48expulsion taking effect. The notice shall include the right to be represented by a lawyer or
80	80	49advocate (at the student's expense); adequate time to prepare for the hearing; access to
81	81	50documented evidence prior to the hearing; the right to present witnesses at the hearing and to
82	82	51question them and a reasonably prompt written decision including specific grounds for the
83	83	52decision. 4 of 5
84	84	53 The principal shall ensure that the parent or guardian of the student is included in the
85	85	54hearing, provided that such hearing may take place without the parent or guardian only if the
86	86	55principal, or a designee, can document reasonable efforts to include the parent or guardian in that
87	87	56hearing. The department shall promulgate rules and regulations that address a principal's duties
88	88	57under this subsection and procedures for including parents in student exclusion meetings,
89	89	58hearings or interviews under this subsection.
90	90	59 SECTION 6. Subsection (a) of section 37H¾ of said chapter 71, as so appearing, is
91	91	60hereby amended by striking out, in lines 1-2, the words “and expulsion”.
92	92	61 SECTION 7. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
93	93	62hereby amended by striking out, in line 11, the words “or expulsion”.
94	94	63 SECTION 8. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
95	95	64hereby amended by striking out, in line 15, the words “or expulsion”.
96	96	65 SECTION 9. Subsection (c) of section 37H¾ of said chapter 71, as so appearing, is
97	97	66hereby amended by striking out, in line 19, the words “or expulsion”.
98	98	67 SECTION 10. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
99	99	68hereby amended by striking out, in line 31, the words “or expulsion”.
100	100	69 SECTION 11. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
101	101	70hereby amended by striking out, in line 36, the words “or expulsion”.
102	102	71 SECTION 12 Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
103	103	72hereby amended by striking out, in line 38, the words “or expulsion”. 5 of 5
104	104	73 SECTION 13. Subsection (d) of section 37H¾ of said chapter 71, as so appearing, is
105	105	74hereby amended by striking out, in line 40, the words “or expulsion”.
106	106	75 SECTION 14. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
107	107	76hereby amended by striking out, in line 53, the words “or expulsion”.
108	108	77 SECTION 15. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
109	109	78hereby amended by striking out, in line 57, the words “or expulsion”.
110	110	79 SECTION 16. Subsection (e) of section 37H¾ of said chapter 71, as so appearing, is
111	111	80hereby amended by striking out, in lines 72-73, the words “or expulsion”.
112	112	81 SECTION 17. Subsection (f) of section 37H¾ of said chapter 71, as so appearing, is
113	113	82hereby amended by striking out, in line 74, the words “or expelled”.
114	114	83 SECTION 18. Section 37H¾ of said chapter 71, as so appearing, is hereby amended by
115	115	84inserting the following sentence at the end of the sixth paragraph:- No long-term suspension shall
116	116	85extend beyond the end of the school year in which such suspension is imposed.